Opinion
March 7, 1960.
March 24, 1960.
Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (GUNTHER, J., absent).
Appeal, No. 51, Feb. T., 1960, from order of Court of Common Pleas of Luzerne County, Dec. T., 1958, No. 621, in case of Joseph Dougherty v. The School District of the Township of Wilkes-Barre. Order affirmed; reargument refused April 11, 1960.
Assumpsit.
Defendant's motion for judgment on the pleadings denied and order entered directing a jury trial, before FLANNERY, LEWIS and PINOLA, JJ., opinion by FLANNERY, J. Defendant appealed.
Thomas C. Moore, with him Gifford S. Cappellini, for appellant.
John L. McDonald, for appellee.
Argued March 7, 1960.
The six judges who heard the argument in this case being equally divided in opinion, the order is affirmed.